I luoghi di lavoro tra vecchi problemi e nuovi rischi per la salute e la sicurezza dei lavoratori: dagli spazi confinati al lavoro da remoto

This doctoral thesis concerns the issues, in terms of occupational health and safety, both related to smartworking, regulated by Law n. 81/2017, and to the specific rules set out by the D.P.R. n. 177/2011 in the field of prevention for activities which are considered particularly complex and risky for workers, such as outsourced works to be carried out in confined spaces or within places suspected of having been polluted. The firs analysis has been developed by examining the health and safety regulations laid down by Article 3, paragraph 10, of Legislative Decree n. 81/2008, applicable to teleworking and other forms of remote working, also in light of the case-law which outlined the (broad) notion of “workplace”. On the other hand, for the survey concerning confined spaces, the candidate adopted a practical methodology made possible by the activities he carried out as a member of a Committee for the certification of contracts. Indeed, for the purposes to ensure both the lawfulness of the employment or outsourcing contracts and the proper assessment and management of the occupational risks, the D.P.R. n. 177/2011 stipulates that the contracting and subcontracting agreements regarding works to be carried out in in confined spaces or within places suspected of having been polluted – as well as the non-standard forms of employment contracts (fixed term contracts, job on call, posting of workers, temporary agency work, seasonal work, etc.) related to the workers who are going to perform works in this specific sector – must be certified by the Committees for the certification of contracts, in application of the procedure outlined by the Legislative Decree n. 276/2003.